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Terms and conditions

Terms and conditions

These terms were last updated and effective as of October 6, 2023.

This terms of service is a legal agreement (“agreement”) between user and Content Oyster. Inc. (“Content Oyster”). By accessing or using the service(s), you are agreeing, on behalf of yourself or your company, to be bound by the most recent terms of this agreement. If you don’t agree to the terms of this agreement, don’t access or use the service(s).

This agreement between Content Oyster and you governs your use of the Content Oyster service and the website (www.ContentOyster.com), including, without limitation, all content such as text, information, images, applications, templates software and other information, services, and materials (collectively, the “service”) and all information made available to you or by you through this site by ContentOyster.com, or third parties. The “customer” means the entity or person invoiced by Content Oyster for use of the service; “you” or “user” means a unique user of the service, whether a customer or not (as defined by a unique URL, IP address, or other unique identification).

This agreement comprises the entire agreement between the user and Content Oyster. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Content Oyster, in its sole discretion, reserves the right to revise, update, and change this agreement from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current service, including the release of new features and resources, shall be subject to this agreement. You agree to use the service at your own risk and understand that Content Oyster is not responsible for the content posted on ContentOyster.com or provided as part of the service.

Please read this agreement carefully before using Content Oyster’s website or services. By acknowledging that you have read, understood, and agreed to this agreement, registering for Content Oyster’s services, or accessing or using Content Oyster’s website or services, you are accepting and agreeing to be bound by this agreement.

If you or the customer you represent do not agree to this agreement, then do not acknowledge that you agree to this agreement and do not use Content Oyster’s website or services.

Violation of any of the terms below may result in the termination of your account.

1. Service plans

The service is available as a paid service plan (a “Content Oyster account”). Each Content Oyster account invoiced to and paid by the customer per Section 2 herein comprises a single Content Oyster account through ContentOyster.com with up to 5 users or an unlimited number of users, depending on the chosen plan.

2. Payment

Payment for services under a Content Oyster account will be at prices and under terms stated on the ContentOyster.com website or as otherwise noted by Content Oyster occasionally. All prices are exclusive of taxes (VAT or otherwise), which may or may not be included in the price, depending on applicable law and the legal residence of the customer.

Content Oyster is entitled to adjust the prices, functionality, and number of users for the service when it wants and within its sole and absolute discretion. Adjusted prices will take effect upon any subsequent term of the service. By agreeing to this agreement’s terms, you authorize Content Oyster to automatically charge the credit or debit card provided by you for any subsequent period of service.

Payment shall be made automatically by charges assessed against the customer’s credit card or other designated payment method, as noted on the Content Oyster website or as otherwise instructed by Content Oyster, from time to time.

In case of non-payment for any reason or any violation of this agreement, Content Oyster shall be entitled–without liability–to immediately bar customer’s access to the service and bar access to the Content Oyster account in question and to terminate customer’s Content Oyster account. Customer agrees and acknowledges that Content Oyster has no obligation to retain uploaded or synchronized data (as defined in Section 7 hereunder) and that such uploaded or synchronized data may be irretrievably deleted if the account is delinquent forty-five (45) days or more.

3. Right of use

When entering into this agreement, the customer is granted a non-exclusive, non-transferable right to use the service solely for the customer’s internal business purposes, subject to this agreement. All rights not expressly granted to you are reserved by Content Oyster.

The right of use is always conditioned on compliance with the terms of this agreement and for the customer, prompt and timely payment regarding the service. Breach of any term of this agreement, or non-payment or delay in payment, will terminate any right of use granted to the user and customer under this agreement.

You may not use the service in any way that is illegal or promotes illegal activities or in a manner that might be libelous or otherwise malicious or harmful to any person or entity or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.

You will not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the service in any way; (ii) modify or make derivative works based upon the service; (iii) create internet “links” to the service or “frame” or “mirror” any content on any other server or wireless or internet-based device; or (iv) reverse engineer or access the service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the service, or (c) copy any ideas, features, functions or graphics of the service.

You may use the service only for your internal business purposes and shall not:

  1. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
  2. Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights.
  3. Send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs.
  4. Interfere with or disrupt the integrity or performance of the service or the data contained therein.
  5. Attempt to gain unauthorized access to the service or its related systems or networks.
  6. Use the service, including the content, our intellectual property rights, Content Oyster technology, and our trademarks and service marks for any commercial purposes (i.e., soliciting customers, resale, etc.) without Content Oyster’s prior written consent.

To avoid doubt, any termination by either of the parties or the expiration of the term of this agreement shall only have effect for the future and shall have no retroactive effects. Notwithstanding the above, the rights and obligations in Sections 7-11 and 20 shall stay in full force and effect after said expiration or termination of this agreement.

4. Access

Access to the service is available at https://www.ContentOyster.com. Upon entering into a contract with the customer, Content Oyster, in addition to direct communication, will provide the customer with access to an online document management and collaboration platform for accessing the service, or Content Oyster, upon request, can utilize the customer’s existing document management platform.

Access to the service is only available to the customer and users, subject to compliance with this agreement and, in the case of the customer, making the applicable payments for the service under this agreement.

All accounts, usernames, and passwords are personal and are to be considered part of confidential information (as defined in Section 20 hereunder). The user or customer is at all times fully liable for all acts and omissions by users whom the customer has granted access and agrees to indemnify Content Oyster for all claims and losses related to such acts and omissions.

5. Service level

Content Oyster will always reasonably achieve the highest possible availability and shortest possible access time for the service. Still, no warranties regarding any specific availability or time of access are granted. The service is hosted by Content Oyster or a subcontractor of its choice. All data stored as part of the service may be backed up on a regular basis. If customers with paid service plans experience data loss, Content Oyster may use reasonable efforts to attempt to restore data from the most recent working backup, provided, however, Content Oyster gives no warranties regarding recovering or restoring any lost customer data. The user or customer is always encouraged to make their own backups of all data stored on the service.

6. Your responsibilities

You are responsible for all activity occurring under your Content Oyster account. You will abide by all applicable local, state, national, and foreign laws, treaties, and regulations concerning your service use, including data privacy, international communications, and technical or personal data transmission. In addition, you’ll be responsible for abiding by any internal policies, procedures, and regulations required by your employer or the users of your account. You’ll: (i) notify Content Oyster immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Content Oyster immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (iii) not impersonate another Content Oyster user or provide false identity information to gain access to or use the service. By accessing the service, You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the service and that your billing information is correct.

7. Data

Content Oyster does not own any data, information, or material that you or others integrate or submit to the service while using the service (“uploaded or synchronized data”). You’ll have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any uploaded or synchronized data you submit. Content Oyster shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any uploaded or synchronized data.

The customer or user is entirely liable for the legality of all uploaded or synchronized data stored by the customer or user on the service. Furthermore, the customer or user is fully responsible if such uploaded or synchronized data infringes upon third-party rights and agrees to indemnify Content Oyster for all claims and losses related to such infringement or illegality.

If Content Oyster on its own or through any third party has notice that uploaded or synchronized data stored by the customer or user violates any law or infringes third-party rights, Content Oyster shall have the unfettered right to–without liability to the customer or user–immediately suspend access to such data without prior notice to the user or customer. The customer or user may be notified by Content Oyster of any such action under this section when reasonable and possible.

For Content Oyster accounts, the administrator will have control over all applicable uploaded or synchronized data submitted to the service, and all uploaded or synchronized data will be deemed to be owned by and the property of the relevant organization. Upon request by the applicable administrator, Content Oyster may remove, modify, edit, or otherwise alter any applicable uploaded or synchronized data.

8. Intellectual property rights

Content Oyster alone (and its successor, or assigns, or its licensors, where applicable) will own all rights, titles, and interests, including all related intellectual property rights, in and to the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the service. This agreement is not a sale and does not convey to you any rights of ownership in or related to the service or intellectual property rights. The Content Oyster name, the Content Oyster logo, and the product names associated with the service are trademarks of Content Oyster or its affiliated companies, and no right or license is granted to use them.

All copyrights or other intellectual property rights, titles, and interests in (i) software on which the service is based and made available to the customer or user, (ii) source codes or other software components of the service,(iii) content of the website ContentOyster.com and the service including text and graphics, excluding uploaded or synchronized data, (iv) trademarks, names, etc., are the sole property of Content Oyster and its affiliated companies, or third parties having granted Content Oyster license for its use, and the customer or user will gain no rights to said intellectual property rights other than the limited right of use as stipulated in this agreement.

The customer or user will not reproduce or redistribute any software, content, trademarks, or intellectual property in any form except as allowed in this agreement.

The customer will own all content (including signup or onboarding flows, user research, microcopy, and style guides) and the related intellectual property rights of content created by Content Oyster through the customer’s use of the services. The customer or user retain all intellectual property rights to uploaded or synchronized data stored by such customer or user on the service.

9. Indemnification

You will defend, indemnify, and hold Content Oyster, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with (i) a claim alleging that use of the service or any uploaded or synchronized data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties made herein; or (iii) a claim arising from the breach by you or other users of this agreement (iv) your use of and access to the Content Oyster website. This defense and indemnification obligation will survive the expiration or termination of this agreement and your use of the services.

10. Disclaimer of warranties

Content Oyster and its licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the service or any content. Content Oyster and its licensors do not represent or warrant that (i) the use of the service will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, (ii) the service will meet your requirements or expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (v) errors or defects will be corrected, or (vi) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content are provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are now disclaimed to the maximum extent possible by applicable law by Content Oyster and its licensors. Content Oyster is not responsible for any delays, delivery failures, or other damage resulting from limitations, uncertainties, and other problems in using the internet and electronic communications.

11. Limitation of liability

In no event will Content Oyster by liable for any indirect, special, consequential, or incidental loss, exemplary or other damages related to this agreement or whether direct or indirect: (i) loss of data, (ii) loss of income, (iii) loss of opportunity, (iv) lost profits, and (v) costs of recovery or any other damages; (vi) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (vii) any interruption or cessation of transmission to or from our website, (viii) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third-party, and/or (ix) any error or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available, however caused and based on any theory of liability, and including but not limited to breach of contract, tort (including negligence), statute or otherwise, and whether or not Content Oyster has been advised of the possibility of such damages. To the extent permitted by applicable law, Content Oyster’s liability hereunder is limited to the total amount paid to Content Oyster by the customer in the twelve (12) months directly preceding the occurrence(s) that caused the damages. Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to customers.

If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which will remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Content Oyster’s failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. Content Oyster reserves the right to amend this agreement at any time and without notice, and it is your responsibility to review this agreement for any changes. Your use of the Content Oyster website following any amendment of this agreement will signify your assent to and acceptance of its revised terms.

12. Legal authority

If you are signing up for the services on behalf of a business entity or company, you represent and warrant that: the entity is qualified and licensed to do business and in good standing in every jurisdiction where such qualification and licensing is required for purposes of this agreement; you have the full right, power, and authority to enter into this agreement on the entity’s behalf and to ensure the entity performs its obligations hereunder; you have taken all necessary corporate action to authorize this agreement, and you are authorized to bind the entity to all terms of this agreement; and this agreement will constitute the legal, valid and binding obligation of the entity, enforceable against it per its terms. If you are signing up for the services on your behalf, you agree that this agreement personally binds you.

13. Force majeure

Neither party will be responsible for any delay, interruption, or other failure to perform under this agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to:

  • Natural disasters (e.g., lightning, earthquakes, hurricanes, floods)
  • Wars, riots, terrorist activities, and civil commotions
  • Activities of local exchange carriers, telephone carriers, wireless carriers, internet service providers, and other third parties
  • Explosions and fires
  • Embargoes, strikes, and labor disputes
  • Governmental decrees
  • Any other cause beyond the reasonable control of a party

14. Personal data

Content Oyster shall maintain all data per its privacy policy, which can be found at https://www.contentoyster.com/privacy-policy/, and will only use data as provided in the privacy policy.

15. Terms and termination of service

Month-to-month payment option: Content Oyster service accounts billed month-to-month are prepaid and paid in advance of the services and are non-refundable. You may cancel your Content Oyster account at any time. These payment terms and conditions apply to all payment methods. If you want to pause, change, or cancel your subscription, you can do so in the membership area of your Content Oyster account. Please note that should you choose to cancel your Content Oyster subscription and account, you won’t be issued a refund for any charged or paid fees. It is your responsibility to keep your contact and payment information current. You explicitly authorize Content Oyster to continue billing your credit card on file with us as long as you continue using the service. If your credit card is invalid for payment for any reason, then you remain responsible for any uncollected amounts.

The month-to-month payment option will start on the date of availability of the services. It will remain in effect, renewing every 30 days, unless the customer terminates services online on Content Oyster’s website.

Annual payment option: Annual Content Oyster service accounts are for 12-month subscriptions and are billed monthly in advance or upfront (“annual Content Oyster service”). Service will start on the date of purchase or 30 days after the date of purchase if an onboarding period is included in the terms. You may not cancel your Content Oyster service except at the end of each 12-month subscription, and you will remain responsible for the payments of the entire Content Oyster service. Unless the customer cancels the annual Content Oyster service on the website before the expiration of the current 12-month subscription, then it will automatically renew at the end of each 12-month subscription for an additional 12-month subscription. If you wish to cancel your Content Oyster account, you can do so on the Content Oyster website. It is your responsibility to keep your contact and payment information current. You explicitly authorize Content Oyster to continue billing your credit card on file with us for the length of the Content Oyster service. If your credit card is invalid for payment for any reason, then you remain responsible for any uncollected amounts. Content Oyster does not provide refunds or credits.

16. Updates

Content Oyster may give updates using a general notice on the service or an email to the email address on record in Content Oyster’s account information. Such notice will be provided upon the expiration of twelve (12) hours after sending (if sent by email).

17. Modification to terms

Content Oyster reserves the right to modify the terms and conditions of this agreement or its policies relating to the service at any time and within its sole and absolute discretion, effective upon posting of an updated version of this agreement on the Content Oyster website at https://www.ContentOyster.com/terms. You are responsible for regularly reviewing this agreement. Continued service use after any such changes shall constitute your consent.

18. Assignment

You may not assign this agreement without the prior written approval of Content Oyster, but it may be assigned without your consent by Content Oyster.

19. Scope of service

You are responsible for providing all data required to enable us to provide the requested services. Your communications regarding matters raised in this service are “confidential,” not “privileged”. That means, in most cases, our communications cannot be disclosed to third parties without your consent and approval. Although we will perform the services to the best of our ability, we cannot and have not made any guarantees regarding the outcome of any services we do. Any discussions we have with you about the outcome of any matter are our best professional estimates only and are limited by our knowledge at the time they are made. These statements about results are not guarantees of future performance, and undue reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual performance and results in future periods to differ materially from any projections of future performance or results expressed or implied by such forward-looking statements.

20. Confidentiality

Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any confidential information of the other party nor use such personal information in any manner other than to perform its obligations under this agreement. Confidential information means any non-public information or materials provided by a party under this agreement to the other party and reasonably understood to be personal but shall not include uploaded or synchronized data.

The preceding restrictions do not apply to any information that:

  1. Is publicly disclosed through no fault of the receiving party
  2. Is already lawfully in the receiving party’s possession and not subject to a confidentiality obligation to the disclosing party
  3. Becomes known to the receiving party from a third party having an apparent bona fide right to disclose the information
  4. Is confidential information that the receiving party is obligated to produce under an order of a court of competent jurisdiction or a valid administrative subpoena, provided receiving party supplies disclosing party with timely notice of such court order or subpoena

Furthermore, customers and users will keep confidence in all passwords or other access information related to the services. Customer and user acknowledge that Content Oyster and its licensors retain all intellectual property rights and titles in and to all their confidential or proprietary information. This includes but is not limited to products, services, and the ideas, concepts, techniques, inventions, processes, software, or works of authorship developed, embodied in, or practiced in connection with the services provided by Content Oyster hereunder.

21. Attorneys' fees and costs

In the event of any dispute arising under this agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, whether incurred before the suit, during the suit, or at the appellate level, including all attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as all attorneys’ fees and costs determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include all costs that are taxable under any applicable statute, rule, or guideline, as well as all non-taxable costs, including, but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable under any applicable statute, rule, or guideline.

22. Governing law; jurisdiction; venue

This agreement is governed by the laws of the State of California without regard to conflicts of laws. The courts having exclusive jurisdiction over matters about this agreement are the State or Federal Courts of California in Alameda County, California.

23. Waiver of jury trial

The parties to this agreement with this knowingly, voluntarily, and intentionally waive any right they may have to a trial by jury in respect of any litigation based upon the agreement or arising out of, under, or in connection with the agreement, the services, or any course of dealing, course of conduct, statements (whether verbal or written) or actions of any party hereto.

24. Contact information

For any questions or complaints regarding the website or service, please contact Content Oyster at support@contentoyster.com.

Content Oyster is a UX writing and content design agency based in the San Francisco Bay Area.

Content Oyster is a UX writing and content design agency based in the San Francisco Bay Area.

Content Oyster - Elevate your web or app experience with UX writing on demand | Product Hunt

Copyright © 2023 – 2024, Content Oyster. All rights reserved.

Copyright © 2023 – 2024, Content Oyster.
All rights reserved.

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